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CALIFORNIA - Pacificare Health Systems

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PART A<br />

70<br />

How Your Behavioral<br />

<strong>Health</strong> Care Benefits Work<br />

3. Either (a) your PBHC Participating Provider<br />

has recommended a treatment, drug, device,<br />

procedure, or other therapy that he or she<br />

certifies in writing is likely to be more beneficial<br />

to you than any available standard therapies, and<br />

he or she included a statement of the evidence<br />

relied upon by the Participating Provider in<br />

certifying his or her recommendation; or (b)<br />

you, or your non-contracting physician who<br />

is a licensed, board-certified or board-eligible<br />

physician or provider qualified to practice in<br />

the area of practice appropriate to treat your<br />

condition, has requested a therapy that, based<br />

on two documents from medical and scientific<br />

evidence (as defined in California <strong>Health</strong> and<br />

Safety Code Section 1370.4(d)), is likely to<br />

be more beneficial for you than any available<br />

standard therapy.<br />

Such certification must include a statement of<br />

the evidence relied upon by the physician in<br />

certifying his or her recommendation. PBHC<br />

is not responsible for the payment of services<br />

rendered by Non-Contracting Providers that are<br />

not otherwise covered under the Member’s PBHC<br />

benefits; and<br />

4. A PBHC Medical Director (or designee)<br />

has denied your request for a drug, device,<br />

procedure, or other therapy recommended or<br />

requested pursuant to paragraph (3); and<br />

5. The treatment, drug, device, procedure, or other<br />

therapy recommended pursuant to paragraph<br />

3, above, would be a Covered Service, except<br />

for PBHC’s determination that the treatment,<br />

drug, device, procedure, or other therapy is<br />

experimental or investigational. Independent<br />

Medical Review for coverage decisions regarding<br />

Experimental or Investigational therapies will<br />

be processed in accordance with the protocols<br />

outlined under “Independent Medical Review<br />

Involving a Disputed <strong>Health</strong> Care Service” section<br />

of this Evidence of Coverage.<br />

Please refer to the “Independent Medical Review of<br />

Grievances Involving a Disputed <strong>Health</strong> Care Service”<br />

section found later in this Combined Evidence of<br />

Coverage and Disclosure Form for more information.<br />

What To Do If You Have a Problem<br />

Our first priority is to meet your needs and that<br />

means providing responsive service. If you ever have a<br />

question or problem, your first step is to call the PBHC<br />

Customer Service Department for resolution.<br />

If you feel the situation has not been addressed to your<br />

satisfaction, you may submit a formal complaint within<br />

180 days of your receipt of an initial determination<br />

over the telephone by calling the PBHC toll-free<br />

number at 1-800-999-9585. You can also file a<br />

complaint in writing:<br />

PacifiCare Behavioral <strong>Health</strong> of California, Inc.<br />

Post Office Box 55307<br />

Sherman Oaks, CA 91413-0307<br />

Attn: Appeals Department<br />

Or at the PBHC Web site: www.pbhi.com<br />

Appealing a Behavioral <strong>Health</strong> Benefit Decision<br />

The individual initiating the appeal may submit<br />

written comments, documents, records, and any<br />

other information relating to the appeal regardless of<br />

whether this information was submitted or considered<br />

in the initial determination. The Member may<br />

obtain, upon request and free of charge, copies of all<br />

documents, records, and other information relevant to<br />

the Member’s appeal. An individual who is neither the<br />

individual who made the initial determination that is<br />

the subject of the appeal nor the subordinate of that<br />

person will review the appeal.<br />

The PBHC Medical Director (or designee) will<br />

review your appeal and make a determination within<br />

a reasonable period of time appropriate to the<br />

circumstances by not later than thirty (30) days after<br />

PBHC’s receipt of the appeal, except in the case of<br />

“expedited reviews” discussed below. For appeals<br />

involving the delay, denial, or modifications of<br />

Behavioral <strong>Health</strong> Services, PBHC’s written response<br />

will describe the criteria or guidelines used and the<br />

clinical reasons for its decision, including all criteria<br />

and clinical reasons related to Medical Necessity.<br />

For determinations delaying, denying, or modifying<br />

Behavioral <strong>Health</strong> Services based on a finding that the<br />

services are not Covered Services, the response will<br />

specify the provisions in the plan contract that exclude<br />

that coverage. If the complaint is related to quality<br />

of care, the complaint will be reviewed through the<br />

procedure described in the section of this Combined

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